Unit 21, Exmouth Indoor Market

12 The Strand, EXMOUTH, Devon, EX8 1AB

Completed application 042759 which is a Cancellation/Surrender for Premises Licence from 09/09/2015 to 06/09/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

•  

  ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              (a)              There shall be no sale or supply of alcohol when there is no designated premises supervisor in respect of this premises licence or at a time when the said premises supervisor does not hold a personal licence or when his/her licence is suspended.

  (b)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

  2.              (1)              The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2)              The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3)              The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a)              a holographic mark, or

  (b)              an ultraviolet feature.

  3.              (1)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

  (2)              For the purposes of the condition set out in paragraph 7(1) -

  (a)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (b)              “permitted price” is the price found by applying the formula -

  P = D + (D×V)

  where-

  (i)              P is the permitted price,

  (ii)              D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii)              V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

  (c)              “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

  (i)              the holder of the premises licence,

  (ii)              the designated premises supervisor (if any) in respect of such a licence, or

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

  (d)              “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

  (e)              “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

  (3)              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

  (4)              (1)              Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

  (2)              The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The Licence Holder must regularly liaise with the market manager, security staff and other stall holders to discuss and action any relevant issues.

  2.              The Licence Holder must keep a record of any incidents and make sure all staff are aware of these.

  3.              The Licence Holder must ensure that any spirits or higher value products are kept behind the counter and out of arms reach.

  4.              The products sold must be aimed at a more discerning clientele and not at the low value high consumption market.

  5.              The Licence Holder must ensure that all staff employed are properly trained and authorised to sell alcohol. A record of all training must be kept.

  6.              The shop will be separated from the public by a full length counter with all of the high value products displayed at the back and out of arms reach.

  7.              A member of staff must be in attendance at all times the shop is open with measures in place to monitor the stall if toilet breaks are needed.

  8.              The Licence Holder must liaise with the local Licensees Association regarding any known issues or banned individuals.

  9.              An incident book must be kept and any incidents recorded with any information passed on to any stall holder, the market manager, security, Licensees Association or the Police if necessary.

  10.              Alcohol must not to be sold to anyone who appears to be drunk. A policy for this to be in place and any staff to be trained.

  11.              Alcohol must only be sold for consumption off the premises.

  12.              The Licence Holder must ensure that a policy is in place to contact the market security guard in case of any incidents.

  13.              A challenge 25 policy must be put in place and advertised to the public. The only valid forms of identification to be accepted as proof of age are a photo card driving licence and a passport.

  14.              Any incidents or refusals must be recorded in the incident book, all staff to be made aware and any relevant information to be passed on to the Licensees Association or the Police.

  15.              Low value alcohol or alcopops that are attractive to younger people will not be stocked.

  16              The Licence Holder must keep a written risk assessment for operating the business.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

                             

  None

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are outlined in RED on the plans submitted to and approved by the Licensing Authority.